2. Request for Waiver of Late Filing Penalty/Lobbyist John O’Dea
Lobbyist John O’Dea was required to file an annual report for the 2009 lobbying year on December 30, 2009. He filed the report one day late. The preliminary penalty amount for the late filing is $200. Mr. O’Dea seeks a waiver of the late filing penalty because he accidentally entered the deadline as December 31 in his calendar. Staff recommendation: the Commission staff recommends granting a partial waiver and assessing a penalty of $50.

3. Request for Waiver of Late Filing Penalty/Scarborough Republican Town Cmte
The Scarborough Republican Town Committee was required to file a campaign finance report on January 15, 2009. The committee filed the report approximately three months late after receiving notice from the Commission staff. The preliminary penalty amount is $500. Staff recommendation: the Commission staff recommends granting a partial waiver and assessing a penalty in the range of $125 to $250.

4. Petition by National Organization for Marriage for Stay of Investigation
The National Organization for Marriage has objected to the Commission’s investigative requests for documents and information. The organization requests a stay of the investigation until the federal courts have reached a final decision on its constitutional challenge to the ballot question reporting statute.

5. Update on Sufficiency of Maine Clean Election Fund
As background information for the next agenda item, the Commission staff wishes to update the Commissioners on possible contingency plans for reducing payments of Maine Clean Election Act funds if there were a shortfall in the Maine Clean Election Fund in 2010. No action is necessary on this item.

6. Rule-Making/Shortfall in Maine Clean Election Fund
At the September 8, 2009 meeting, the Commission agreed to accept comments on proposed amendments to the Commission’s rule regarding the procedures for authorizing Maine Clean Election Act candidates to accept campaign contributions if there is insufficient money in the Maine Clean Election Fund. On November 19, 2009, the Commission held a public hearing to receive public comment on the proposed amendments. The Commission will decide whether to amend the rule.